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Legislation covered by Part 8 of the Enterprise Act - domestic infringements

A domestic infringement is a breach:

- that harms the collective interests of consumers in the UK

- that is committed by a person in the course of a business

- of legislation, specified by the Secretary of State in a Statutory Instrument, which is of a particular type as set out in section 211(2)(a) to (g), and must consist of:  

  • a contravention of a law which imposes a duty, prohibition or restriction enforceable by criminal proceedings;
     
  • an act or omission in breach of contract

  • an act or omission in breach of a non-contractual duty owed to a person by virtue of an enactment or rule of law and enforceable by civil proceedings

  • an act or omission in respect of which an enactment provides for a remedy or sanction enforceable by civil proceedings

  • an act or omission by a person supplying or seeking to supply goods or services which results in an agreement or security relating to the supply being void or unenforceable to any extent

  • an act or omission by which a person supplying or seeking to supply goods or services purports or attempts to exercise a right or remedy relating to the supply where the exercise of the right or remedy is restricted or excluded under or by an enactment

  • an act or omission by which a person supplying or seeking to supply goods or services purports or attempts to avoid (to any extent) liability relating to the supply in circumstances where such avoidance is restricted or prevented under an enactment.



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